Ramesh Sharma And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49789 of 2017 Arising Out of PS.Case No. -180 Year- 2017 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Ramesh Sharma, Son of Late Mohan Sharma,

2. Rajesh Sharma, S/o Ganga Sharma,

3. Rajendra Thakur @ Rajendra Sharma, S/o Ganga Sharma,

4. Vinod Sharma, S/o Jamuna Sharma,

5. Renu Devi, W/o Rajesh Sharma,

6. Hiravati Kumari @ Hiravati Kunwar, All are R/o Village- Siswa, P.S.- Shikarpur, Dist- West Champaran .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 18-10-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147/148/149/323/324/307/379/504 of the Indian Penal Code. There is case and counter case. Specific allegation of commission of injury at the head of the informant and another person is against petitioners Ramesh Sharma and Rajesh Sharma. There is general and omnibus allegation against other petitioners.

Submission of the learned counsel for the petitioners is that simple and single head injury was found by the doctor on the injured. There is no allegation of repetition of blow.

Patna High Court Cr.Misc. No.49789 of 2017 (2) dt.18-10-2017 P2/ Moreover, petitioner Rajesh Sharma allegedly caused Garasa blow whereas the doctor has found injury caused by hard and blunt substance.

Considering the fact that petitioners, namely, Ramesh Sharma and Rajesh Sharma had knowledge that their act might cause death, I am not inclined to grant anticipatory bail to them. Hence, their prayer for anticipatory bail is refused. Let the petitioners, namely, Rajendra Thakur @ Rajendra Sharma, Vinod Sharma, Renu Devi and Hiravati Kumari @ Hirawati Kunwar, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Shikarpur Police Station Case No. 180 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Mkr./- U T